1531.01
Division of wildlife definitions.

As used in this chapter
and Chapter 1533. of the Revised Code:

(A)
"Person" means a person as defined in section
1.59 of the
Revised Code or a company; an employee, agent, or officer of such a person or
company; a combination of individuals; the state; a political subdivision of
the state; an interstate body created by a compact; or the federal government
or a department, agency, or instrumentality of it.

(B)
"Resident" means any individual who has resided in this state for not less than
six months preceding the date of making application for a license or
permit.

(C)
"Nonresident" means any individual who does not qualify as a
resident.

(D)
"Division
rule" or "rule" means any rule adopted by the chief of the division of wildlife
under section
1531.10 of
the Revised Code unless the context indicates otherwise.

(E)
"Closed season" means that period of time during which the taking of wild
animals protected by this chapter and Chapter 1533. of the Revised Code is
prohibited.

(F)
"Open
season" means that period of time during which the taking of wild animals
protected by this chapter and Chapter 1533. of the Revised Code is
permitted.

(G)
"Take or
taking" includes pursuing, shooting, hunting, killing, trapping, angling,
fishing with a trotline, or netting any clam, mussel, crayfish, aquatic insect,
fish, frog, turtle, wild bird, or wild quadruped, and any lesser act, such as
wounding, or placing, setting, drawing, or using any other device for killing
or capturing any wild animal, whether it results in killing or capturing the
animal or not. "Take or taking" includes every attempt to kill or capture and
every act of assistance to any other person in killing or capturing or
attempting to kill or capture a wild animal.

(H)
"Possession" means both actual and constructive possession and any control of
things referred to.

(J)
"Transport
and transportation" means carrying or moving or causing to be carried or
moved.

(K)
"Sell and
sale" means barter, exchange, or offer or expose for sale.

(L)
"Whole to include part" means that every provision relating to any wild animal
protected by this chapter and Chapter 1533. of the Revised Code applies to any
part of the wild animal with the same effect as it applies to the
whole.

(M)
"Angling"
means fishing with not more than two hand lines, not more than two units of rod
and line, or a combination of not more than one hand line and one rod and line,
either in hand or under control at any time while fishing. The hand line or rod
and line shall have attached to it not more than three baited hooks, not more
than three artificial fly rod lures, or one artificial bait casting lure
equipped with not more than three sets of three hooks each.

(N)
"Trotline" means a device for catching fish that consists of a line having
suspended from it, at frequent intervals, vertical lines with hooks
attached.

(X)
"Wild animals" includes mollusks, crustaceans, aquatic insects, fish, reptiles,
amphibians, wild birds, wild quadrupeds, and all other wild mammals, but does
not include domestic deer.

(Y)
"Hunting" means pursuing, shooting, killing, following after or on the trail
of, lying in wait for, shooting at, or wounding wild birds or wild quadrupeds
while employing any device commonly used to kill or wound wild birds or wild
quadrupeds whether or not the acts result in killing or wounding. "Hunting"
includes every attempt to kill or wound and every act of assistance to any
other person in killing or wounding or attempting to kill or wound wild birds
or wild quadrupeds.

(Z)
"Trapping"
means securing or attempting to secure possession of a wild bird or wild
quadruped by means of setting, placing, drawing, or using any device that is
designed to close upon, hold fast, confine, or otherwise capture a wild bird or
wild quadruped whether or not the means results in capture. "Trapping" includes
every act of assistance to any other person in capturing wild birds or wild
quadrupeds by means of the device whether or not the means results in
capture.

(BB)
"Channels and passages" means those narrow bodies of water lying between
islands or between an island and the mainland in Lake Erie.

(CC)
"Island" means a rock or land elevation above the waters of Lake Erie having an
area of five or more acres above water.

(DD)
"Reef" means an elevation of rock, either broken or in place, or gravel shown
by the latest United States chart to be above the common level of the
surrounding bottom of the lake, other than the rock bottom, or in place forming
the base or foundation rock of an island or mainland and sloping from the shore
of it. "Reef" also means all elevations shown by that chart to be above the
common level of the sloping base or foundation rock of an island or mainland,
whether running from the shore of an island or parallel with the contour of the
shore of an island or in any other way and whether formed by rock, broken or in
place, or from gravel.

(EE)
"Fur farm"
means any area used exclusively for raising fur-bearing animals or in addition
thereto used for hunting game, the boundaries of which are plainly marked as
such.

(FF)
"Waters"
includes any lake, pond, reservoir, stream, channel, lagoon, or other body of
water, or any part thereof, whether natural or artificial.

(GG)
"Crib" or "car" refers to that particular compartment of the net from which the
fish are taken when the net is lifted.

(II)
"Fishing" means taking or attempting to take fish by any method, and all other
acts such as placing, setting, drawing, or using any device commonly used to
take fish whether resulting in a taking or not.

(JJ)
"Fillet" means the pieces of flesh taken or cut from both sides of a fish,
joined to form one piece of flesh.

(KK)
"Part fillet" means a piece of flesh taken or cut from one side of a
fish.

(LL)
"Round"
when used in describing fish means with head and tail intact.

(MM)
"Migrate" means the transit or movement of fish to or from one place to another
as a result of natural forces or instinct and includes, but is not limited to,
movement of fish induced or caused by changes in the water flow.

(NN)
"Spreader bar" means a brail or rigid bar placed across the entire width of the
back, at the top and bottom of the cars in all trap, crib, and fyke nets for
the purpose of keeping the meshes hanging squarely while the nets are
fishing.

(OO)
"Fishing
guide" means any person who, for consideration or hire, operates a boat, rents,
leases, or otherwise furnishes angling devices, ice fishing shanties or
shelters of any kind, or other fishing equipment, and accompanies, guides,
directs, or assists any other person in order for the other person to engage in
fishing.

(QQ)
"Commercial fishing gear" means seines, trap nets, fyke nets, dip nets, carp
aprons, trotlines, other similar gear, and any boat used in conjunction with
that gear, but does not include gill nets.

(RR)
"Native wildlife" means any species of the animal kingdom indigenous to this
state.

(SS)
"Gill net"
means a single section of fabric or netting seamed to a float line at the top
and a lead line at the bottom, which is designed to entangle fish in the net
openings as they swim into it.

(TT)
"Tag fishing tournament" means a contest in which a participant pays a fee, or
gives other valuable consideration, for a chance to win a prize by virtue of
catching a tagged or otherwise specifically marked fish within a limited period
of time.

(UU)
"Tenant"
means an individual who resides on land for which the individual pays rent and
whose annual income is primarily derived from agricultural production conducted
on that land, as "agricultural production" is defined in section
929.01
of the Revised Code.

(VV)
"Nonnative
wildlife" means any wild animal not indigenous to this state, but does not
include domestic deer.

(BBB)
"Accompany" means to go along with another person while staying within a
distance from the person that enables uninterrupted, unaided visual and
auditory communication.

(CCC)
" All-purpose vehicle" means any
vehicle that is designed primarily for cross-country travel on land, water, or
land and water and that is steered by wheels, caterpillar treads, or a
combination of wheels and caterpillar treads and includes vehicles that operate
on a cushion of air, vehicles commonly known as all-terrain vehicles,
all-season vehicles, mini-bikes, and trail bikes.

(DDD)
"Wholly enclosed preserve" means an area of land that is surrounded by a fence
that is at least six feet in height, unless otherwise specified in division
rule, and is constructed of a woven wire mesh, or another enclosure that the
division of wildlife may approve, where game birds, game quadrupeds, reptiles,
amphibians, or fur-bearing animals are raised and may be sold under the
authority of a commercial propagating license or captive white-tailed deer
propagation license obtained under section
1533.71
of the Revised Code.

(EEE)
"Commercial bird shooting preserve" means an area of land where game birds are
released and hunted by shooting as authorized by a commercial bird shooting
preserve license obtained under section
1533.72
of the Revised Code.

(FFF)
"Wild
animal hunting preserve" means an area of land where game, captive white-tailed
deer, and nonnative wildlife, other than game birds, are released and hunted as
authorized by a wild animal hunting preserve license obtained under section
1533.721
of the Revised Code.

(GGG)
"Captive
white-tailed deer" means legally acquired deer that are held in private
ownership at a facility licensed under section
943.03 or
943.031
of the Revised Code and under section
1533.71
or
1533.721
of the Revised Code.

(HHH)
"Lake Erie sport fishing district" means the Ohio
waters of Lake Erie and its embayments, including Maumee bay, Sandusky bay,
East Harbor, Middle Harbor, West Harbor, and the entire length of all
tributaries or to the first dam or designated landmark as follows: